Rule 3 Criminal practice
Baldwin's Kentucky Revised Statutes Annotated22nd Judicial District - Fayette District Court
KY RFDC Rule 3
Rule 3 Criminal practice
A. Pre-payable Offenses. Anyone charged with an offense that is pre-payable may appear in the Clerk's office, enter a plea of guilty, and pay the fine and costs specified without appearance in Court. Any attorney may appear and enter a plea of guilty and pay a fine and costs specified on behalf of a client, provided the attorney has authority from the client to do so. Any person charged with an offense not pre-payable shall be required to appear to answer the charge in Court and may not be authorized by any person to pre-pay a fine by pleading guilty.
B. Pre-trial Release Interviews. If an attorney believes that a person incarcerated should be released, the attorney must make a request for release to pre-trial services. The pre-trial services officer will interview the defendant, attempt to verify the defendant's information, and present the information to the Judge on duty. Judges will not review conditions of release unless a pre-trial interview has first been completed.
(2) The attorney for the defendant shall be in attendance at the pre-trial conference and shall be prepared to discuss plea-bargaining with the Prosecutor. A Judge of the Fayette District Court will be available to accept guilty pleas from any defendant desiring to do so at the conclusion of all pre-trial conferences set on that day, or as soon as practicable thereafter. Any case in which a plea of guilty is not arranged will be set for jury trial at a day and time certain. Pre-trial Motions may be heard by the Judge to whom the case is assigned at such time and place as the Judge may be order direct.
F. Guilty Pleas on Jury Trial Date. In order to allow for the proper and efficient scheduling of jurors, no defendant charged with a criminal offense whose case has been scheduled for a jury trial will be permitted to enter a plea of guilty based upon a recommendation of the County Attorney on the actual day scheduled for trial unless permitted to do so by the presiding Judge. Notice of a defendant's intent to enter a plea of guilty upon a recommendation to any charge scheduled for jury trial shall be given to the County Attorney and to the Court Administrator at least 24 hours in advance of the scheduled time of trial. If proper notice is not given, the plea may be entered, but shall be without recommendation of the County Attorney.
G. Scheduled Court Time. The policy of the Judges of the Fayette District Court is to begin each scheduled court session on time. To the extent that attorneys or parties desire to confer with the County Attorney prior to Court they should arrange to arrive at Court in sufficient time to do so without delaying the commencement of Court at the scheduled time, and without attempting to talk to the County Attorney after Court has convened.
H. Motions for modification or revocation of bond for cases pending before the grand jury shall be filed in the division in which the case was waived or bound over. Motions will be heard on the Felony Preliminary Hearing dockets. Notice to opposing counsel and to the Pretrial Services Agency must be given at least five days prior to the hearing. Motions on behalf of defendants must be served on both the Commonwealth’s Attorney and the County Attorney.
Credits
HISTORY: Amended effective September 2, 2009; prior amendment effective January 7, 2005; approved January 7, 1999.
Fayette District Court Rule 3, KY R FAYETTE DIST CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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